Southtowns Record

SUPPORTING DOCUMENTS (6B-7G)

Government
Town of Aurora
Board
Town Board
Meeting
Apr 13, 2026
Kind
Agenda packet
Topics
Budget and taxes, Parks and recreation, Zoning and land use, Roads and traffic, Public safety, Water, sewer and drainage

Original document

Same meeting

Text · page 22 of 46

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administrative fee payment due following the Effective Date shall be prorated from the last
 payment date, based on a 30/360 day count.

  2.2  Refunding Fee. In connection with the issuance of the New Corporation
 Bonds,  the  Corporation may charge a Refunding Fee calculated in accordance with the
 Corporation’s Intended Use Plan in effect at the time of the issuance of the New Corporation
 Bonds. Any such Refunding Fee shall be collected by the Corporation from the proceeds of the
 New Corporation Bonds.

  Il.  TAX MATTERS

  3.1. | Confirmation of Certain Tax Matters. The Recipient executed an Arbitrage
  and Use of Proceeds Certificate in connection with the issuance of the Recipient Bonds (the
  “Existing Tax Certificate”), a copy of which is attached hereto. In connection with the execution
  of this Certificate, the Recipient has reviewed the Existing Tax Certificate and confirms that it has
 complied with and covenants that.it will continue to comply with all the procedures, provisions
  and covenants set forth in the Existing Tax Certificate with respect to the Project, the Recipient
- Bonds and the Prior Corporation Bonds. The Recipient agrees and hereby represents that it will
  apply the procedures, provisions and covenants set forth in the Existing Tax Certificate to the New
  Corporation Bonds and covenants to comply with all such procedures, provisions and covenants
  to the extent necessary to maintain the exclusion of the interest on the New Corporation Bonds
  allocable to the Recipient Bonds from federal income taxation, including, without limitation any
  yield restriction payment or rebate to the United States Treasury Department required under
  Section 148 of the Code.

  3.2.  Use of Prior Bond Proceeds and Grants.  Unless stated otherwise in |
 Schedule A hereto, the Recipient has spent all proceeds and amounts treated as proceeds of the
  Recipient Bonds (other than amounts periodically deposited in a debt service fund) and all grant
  moneys received, if any, with respect to the Project, (collectively, the “Moneys”), for the purposes
  and within the time limits set forth in the Existing Tax Certificate. Any Moneys remaining
  unspent, as summarized in Schedule A hereto, excluding any amounts held in escrow for the
  purpose of refunding Existing Indebtedness (as defined in the Existing Agreement) and amounts ©
  required to be held in the Local Debt Service Fund, if any, by the Recipient’s bond documents
  (collectively, the “Nonrequired Unspent Moneys’), have been or will be applied to the redemption
  of the Recipient Bonds on or prior to the Effective Date. To the extent that the Nonrequired
  Unspent Moneys are held by the Corporation or the Depository Bank, the Recipient hereby
  authorizes the Corporation to direct the application of the Nonrequired Unspent Moneys to the
  redemption of the Recipient Bonds. To the extent the Nonrequired Unspent Moneys are not held
  by the Corporation or the Depository Bank, the Recipient shall transfer the Nonrequired Unspent
  Moneys to the Corporation ten (10) business days prior to the Effective Date.

  3.3.  Reimbursement.  The Recipient represents that none of the proceeds of the
  Recipient Bonds were used to reimburse an expenditure paid by the Recipient before the issue date
  of the Recipient Bonds and none of the proceeds of the Prior Obligations (as defined in the Existing
  Tax Certificate), if any, were used to reimburse an expenditure paid by the Recipient before the
  issue date of the issue of the Prior Obligations used to finance the costs allocated to the expenditure
  unless:
  2
  2026 B & C Refunding Certificate — Series 2015 B, 2015 D and 2016 B Refunding